kent heighthold, a sports newspaper editor. there was never any evidence tying him to the crime. there were two witnesses. ferguson seemed to be his accomplice, but seemed to know very little when talking to the police. jerry trump, a janitor, claimed he saw ryan at the crime scene. >> would you point to that individual, please. >> yes. >> reporter: last year at a hearing both witnesses recanted under oath. but ferguson's appeals have all been denied. until today. >> i feel good, but i haven't been able to actually enjoy it yet, you know, be in the moment. so i think once i'm with my family, you know, i think that's when it will probably hit me and i step foot out there and hug my mom, hug my dad. >> reporter: the state has to decide whether to retry ryan ferguson. if not, he could be out by thanksgiving, his first at home with his family in a decade.